16 Sept 2020
MOKA v AUCKLAND COUNCIL [2020] NZHC 2417
- Citation
- [2020] NZHC 2417
- Court
- High Court
The Court applied the Hill two-step approach, confined the inquiry to the immediate circumstances of the 2018 stock attack, found no exceptional circumstances (owner failed to maintain control; no provocation; straightforward stock attack), held post-offence conduct and training cannot negate the mandatory destruction requirement, and therefore upheld the destruction order; leave to appeal out of time was granted.